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- Copyright and the Public Domain
-
- Copyright grants the author (or more specifically the copyright holder
- -- as a copyright may be sold, transferred, or inherited) a "limited
- duration monopoly" whereby he has the exclusive rights on a work to make
- and distribute copies, prepare derivative works, and perform and display
- the work in public (except for very few cases covered under fair use).
-
- In the U.S. one may register a copyright with the copyright office, but
- by default in the U.S. and most countries a work is under copyright
- whether or not the work displays a copyright notice.
-
- While still under copyright protection:
- you CANNOT reproduce the item
- you CANNOT distribute the item either for free, for no profit, or for profit
- you CANNOT perform the item in public
- you CANNOT make a derivative work for public use in any form
- UNLESS the copyright holder grants you permission to do so!
-
- In the United States, the U.S. Constitution grants the government power
- "to promote the progress of science and useful arts, by securing for limited
- times to authors and inventors the exclusive right to their respective
- writings and discoveries." (Article 1 Section 8, US Constitution).
-
-
- Public Domain
- A work is in the public domain when it lacks a copyright [is not protected
- under copyright law]. This may occur (in rare cases nowadays) because the
- copright has expired resulting in the owner no longer having exclusive rights.
- Generally the only way for items (nowadays) to enter the public domain is
- for the copyright holder(s) to renounce (explicitly indicate they are
- giving up) their copyright and give the work to the public.
-
- Note: In the U.S. a work placed into the public domain is owned by
- the public (i.e. noone) and so it may not be possible to hold the author
- liable for such work, however other countries may not hold public domain
- in any legal status so authors of public domain works may still be liable
- there.
-
- Items placed into the public domain have the least restrictions in that
- they have no restrictions (as least from copyright law).
-
- For any public domain works included in conjunction with FreeDOS one
- should assume the following disclaimer applies:
-
- THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
- EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
- MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
- NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS
- BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN
- ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN
- CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE
- SOFTWARE.
-
-
- [Use of this information is at the user's risk and should not be taken
- as legal advice. This document is in the public domain. ]
-